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12/21/1981'22 December 21, 1981 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by the President in the Council Chamber of the Village Hall on Monday, December 21, 1981 at 8:00 P.M.' The Clerk called the roll and announced that the following were Present: Bernard Forrest, President Marvin W. Ehlers Jerold t. Heisler Cynthia J. Marty Edwin B. Seidman :. J. Robert York Absent: Vernon E. Swanson and that a quorum was present and in attendance. Also present were Village Attorney Richard V. Houpt and Village Manager Robert D. Franz. Trustee Seidman moved, seconded by Trustee Heisler, that the minutes of December 7, 1981 be approved as presented with the following addition: under FLODSTROM SIGN MODIFICATION, following the last paragraph, insert "BZA Chairman Richard Lorenz was present and stated that he intended to request the Plan Commission to hold a hearing to amend Art. 10.1 -4 of the Zoning Ordinance to permit certain exceptions in rear yard as well as side yard requirements. The Board then asked him to request the Plan Commission to consider permitting signs higher than 30 feet above curb level in I -1 Districts." Motion passed unanimously. APPROVE WARRANT NO. W -81 -12 proved. Motion carried on following vote: Trustee Heisler moved, seconded by Trustee. Marty, that the bills and payroll, includ -. ing transfers and reimbursements, be ap- AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None '(0) Trustee Swanson entered the meeting at 8:05 P.M. and was present thereafter. TREASURER'S REPORT Finance Director George Valentine discussed his report, pointing out that while all de- partments' expenditures were within their projected budgets, and General Fund revenues. continue to run ahead of projections, Sales Tax receipts are not keeping up with pro -' jections. He noted that the downward trend, starting in June, coincided with the national trend but is beginning a gentle upward curve. The Board thanked Mr. Valentine, and,accepted his report. SOUTH OF COMMONS AREA Trustee Marty moved, seconded by Trustee PLAN COMM. REPORT & RECOMMENDATION to accept the Plan Commission's Report and .Recommendation for.development of the area South of the Deerfield Commons. Motion carried unanimously. Decision was made to refer the report and recommendation to the Village Center Development Commission as well as the Plan Commission's report on density bonuses for their review and comments to be submitted to the Board for their-consideration and possible action at*the January 18, 1982 meeting. CHESTERFIELD BUILDERS PETITION Manager Franz reported that the Board of EXTENSION'OF TEMPORARY'USE Zoning Appeals had held a public hearing BZA REPORT AND RECOMMENDATION on December 1, 1981 (continued to December Chesterfield Development 15, 9181) to hear the petition of the Corporation for a use extension of the model homes and office at 25 Birchwood Lane, and a continuance of a 4'x6' real estate sign. The BZA recom- mended on a vote of 4 to 2 that the petition be denied. Responding to in from the Board as to the continuance of the hearing, BZA Chairman Richard Lorenz explained that the BZA had recessed the hearing to permit Mr. Charles Malk, attorney for Chesterfield, to confer with Mr. Zaltzman, owner, as to whether he. would enter into an agreement not to ask for another extension if.the BZA recommended to the Board the granting of a 1 -year extension at this time.: Mr. Lorenz stated that Mr. Malk had returned on December 15 and had reported that Mr. Zaltzman would agree to a 1 -year extension without further appeal provided he could keep the sales office until 3 homes had been sold. Mr. Lorenz further reported that the BZA members-were "upset" with this apparent bargaining on the.part of.Mr. Zaltz- man and so stated. Mr. Malk than stated that he would personally take the,responsi- bility of accepting a 1 -year extension without.-further appeal. While two BZA members V would have been willing to recommend extension of the use on Mr: Malk's representation (to be confirmed by a letter or agreement), the other four BZA members felt strongly that.the matter had dragged on long enough and voted to recommend denial of the petition. He reported that all six members felt that, in any event, the.use should not extend beyond one year. Trustee Heisler favored Board acceptance of the BZA recommendation. He stated that while he understood Chesterfield's marketing problems, the Board had granted a use extension for the past five years for the sales office /models at the present site over the objections of neighbors. He did not favor a further extension as he felt "enough was enough ", and the sales office /models should be moved 'to Chesterfield's Laurel Hill North site. Mr. Joseph Seigman, 41 Burning Tree, stated that he had 'attended hearings for the past five years and that Chesterfield had not honored their past promises not to seek extensions. He favored Board denial of the petition. Mr. Stanford Gass, 50 Burn- ing Tree Lane, stated that while Chesterfield has attempted to be a good neighbor, the continuance of the commercial use in a residential area is a community concern as well as his. Trustee York felt that residents of Laurel Hill have been "patient long enough ". Mr. Charles Malk, attorney for Chesterfield, stated that he had "misunderstood the BZA instructions to him on December 1" and that he "would be happy to sit down with the Village attorney and knock out a contract." He stated that the entire Chester- field company was up for sale. Also, that they had wanted to sell three homes in order to have the means to construct three new models elsewhere. Trustee Swanson stated that he did not feel the agreement requested by the BZA was important. In response to Trustee Ehlers' inquiry as to whether an agreement would have a "carry over should they sell the-organization ", Att'.y. Houpt replied that a contract would make no difference... that the Board has complete power to "cut it off now or-cut-it off next year, and a signed letter from them doesn't mean any thing." Therefore, Trustee Heisler moved, seconded by Trustee Swanson, to accept the recom -. mendation.of the Board of Zoning Appeals, and deny the petition of Chesterfield Develop- ment Corp. for extension of a temporary use permit and a 4'x6' real estate sign. Motion carried unanimously. REAR YARD VARIATION Trustee Marty moved, seconded by Trustee 1179 HAMILTON LANE (YAUKEY) 'Swanson, to waive the rules, to permit. ORDINANCE NO. 0 -81 -78 passage of the ordinance on first reading. Motion carried unanimously. Trustee Marty moved, seconded'by Trustee Seidman that a variation from Articles 4 &,10- of the Zoning Ordinance to permit an addition to an existing non- conforming house (having'a 47.85'foot rear yard in lieu of.the required 50 feet) at.1179 Hamilton Lane,. be granted. Motion carried on the following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York .(6) NAYS: None (0) CONSENT AGENDA ' FLODSTROM SIGN MODIFICATION 707 LAKE COOK ROAD 30 feet. AMPLIFICATION SYSTEM VILLAGE BOARD ROOM PROPOSAL (FOSTER SOUND, INC.) Inc. of Wheeling, Illinois, who was-present fication system for the Board Room. First reading of an ordinance, permitting display of signs at a height of 45 feet above.the_ curb in lieu of the permitted Mgr. Franz stated that in accordance with the Board's. directive at the last meeting,. he had been in contact with Mr. Keith R. Wilson, Chief Engineer of Foster Sound, to explain in detail their proposed ampli- Discussion ensued with Mr. Wilson answering Board questions and explaining : 1) the advantages of a voicematic feature, 2) where and how seven microphones would be' mounted on the dais, 3) a.free.standing microphone for audience input as well as a lavalier microphone for presentations from the .floor,'4).additiorial costs for FM features (determined unnecessary by the Board), etc. Mr. Wilson stated that'the system could be operable in approximately six weeks.. Trustee Seidman moved, seconded by Trustee Ehlers, that.the Village Manager be- authorized to order installation of the amplification system proposed by Foster, Sound, Inc. at a cost not to exceed $5,200 ($5,120 original bid plus $80 for lavalier microphone). Motion carried on, the following vote:. 24 AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York .(6) NAYS: None (0) VEHICLE STICKERS Trustee Marty moved, seconded by Trustee MUNICIPAL CODE AMENDMENT Swanson, that Chap. 22 /Art. 17 /Sec. 22 -139 ORDINANCE•NO. 0 =81 -79 be amended to require every vehicle regis .tered in the state of Illinois, showing a Deerfield address or is garaged, stored or parked overnight in Deerfield, to have a valid :Vehicle license issued by Deerfield or by some other municipality in Illinois. Motion carried by the following vote: AYES: Ehlers, Heisler, Marty NAYS: None (0) EXTEND LETTER OF CREDIT CLAVINIA UNIT #5 (VALENTI) January 6, 1983 of a Letter of the installation of sidewalks) Seidman, Swanson, York (6) The Board was in reciept of a request from Joseph E. Valenti, President of Valenti Development Corp., for an extension to Credit for the balance of improvements (basically for Clavinia Unit #5. Trustee Heisler moved, seconded by Trustee Marty, 'that the Letter of Credit for. Clavinia Unit #5 be extended. Motion carried unanimously. EXTEND MORATORIUM Trustee Seidman moved, seconded by Trustee RE: REZONING PETITIONS Marty, that the moratorium on petitions for AREA SOUTH OF.COMMONS rezoning in the area South of the Commons RESOLUTION NO. R -81 -14 be extended until February 16, 1981. Motion: carried unanimously., NORTRAN REQUEST: In a letter of December 14, 1981, Nortran LOAN EXTENSION requested extension of a loan, made to them last summer and due January 6, 1982, since they wi� not receive sufficient funds from RTA to repay on schedule. Discussion ensued regarding monies owed by Deerfield to Nortran for past services, monies due from RTA for the Senior Citizen Taxi services, and the provision in the note signed by. Nortran which allows the Village to offset the amount owed Nortran against the loan. Inasmuch as it was not clear when and if the loan would be repaid, Mayor Forrest did not favor granting the extension requested. Trustee Ehlers moved, seconded by Trustee Heisler,, that the request for extension be denied. Motion carried unanimously. ACCEPT QUIT CLAIM DEED Trustee Marty moved, seconded by Trustee TOLLWAY PROPERTY Ehlers, to accept on behalf of the Village (PART OF LOUISA LANE) a Quit Claim Deed to Tollway Parcel T -11A- 70.2, which is part of Louisa Lane, and that the Mayor and Clerk be authorized to execute the deed. Motion carried unanimously. CURB CUTS - COMMERCIAL AREAS Trustee Marty Moved, seconded by Trustee MUNICIPAL CODE AMENDMENT Heisler, that the rules be waived to per ORDINANCE NO. 0 -81 -80 mit passage of the ordinance on first. reading. Motion passed unanimously. Trustee Heisler moved, seconded by Trustee Seidman, that Chap. 19/ Art. 2/ Sec. 19 -24 be amended to provide for Board review and approval of specifics for pedestrian and vehicular ingress and egress to commercial property in order to insure public safety.. Motion carried on the following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6),, NAYS: None (0) ANALYSIS &'BID AWARD The Board was in receipt of a list of 1982 SQUAD CARDS bidders and an analysis of.the bids.by. —Police Chief Brandt for-six police patrol cars: Central Motors, Evanston; $43,168.86; Bernard Motors,.Libertyville, $45,744.00; Wil -Shore Mo.tor_Sales, Wilmette, $46,764.00 ;. Lake County Chryster, Waukegan, $46,774.40; Benoy Motor Sales; Woodstock, $48,- 282.00; Sunniday Chevrolet, Highland Park, $52,399.16 and $51 ;987.44. Police Chief Brandt recommended that the bid be'awarde& to Central Motors, I.nc. Trustee Seidman moved, seconded by Trustee Ehlers, to award the -bid,to Central Motors, Inc. of Evanston, the low bidder, at a net price of $43,168.86. Motion carried on the following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6). NAYS: None (0) . There being no further business to come before the Board, on motion by Trustee Marty, the meeting was adjourned at 8:59 P..M. APPROVED: } illage Presid ATTEST: Village Clerk